NewTime

Hello everyone,

New member here & would appreciate any advice.

A few years ago I visited USA and went through completing the ESTA, which wasn't a problem. At that time I was a student, but also facing charges which was D&D and Assault. Months after my visit, I was convicted of these and got the usual hours and fine scenario.

At this present point, I am looking to visit USA again and recently went through the VISA process earlier this year. As I *think* my ESta got rejected a few years ago after trying again.

Sadly, I went down to US Embassy in London and didn't do my research & just assumed that because the offences I had commit aren't serious, that I'd just get a stamp there and then. As you can probably guess, I got rejected.

I got rejected for "family, social and economic" reasons. At this point, I am currently unemployed too and was then, and I am also disabled.

I really don't know how to approach another visa application in the future and what to do to be able to be accepted.

Any help would be highly appreciated.

Thank You

Guindalf

Due to the rejection, you can no longer use ESTA and must apply for a B visa (not VISA). There is only one way to apply, and that's with total honesty.

Depending on how long 'a few years ago' actually is, I suspect the chances of getting the application approved is most likely slim to none, especially given the transient nature of your circumstances (unemployed, lack of ties to the UK, etc.).

I'd start looking at those European holiday brochures if I were you!

scrubbedexpat099

The issue seems criminal history, a refusal does not prevent you from trying ESTA.

Give it some tome, get a good job, have it for a while, try again.

Pulaski

Being rejected does not bar you from obtaining an ESTA, but having a criminal record probably does. It depends on the precise questions asked, which have been known to change. As already stated, but bears repeating, you must answer the questions truthfully.

The biggest problem that NewTime faces, is lack of ties to the UK, and applying when you're unemployed is an especially bad time to apply for a B-2 visa when you have a "lack of ties" issue. I would wait until you are established in a job, and have had a few years of exemplary behavior (no more run-ins with the law), and getting a visa shouldn't be too much of a problem. That said I would recommend applying a year ahead of any planned travel as if the consular officer decides that you need a waiver it can take 6-8 months for the waiver to be approved.

NewTime

Hello,

Thank you for all the replies.

I appreciate there are issues with unemployment, but having a disability is an issue in regards to employment for me at the moment. It's not an excuse in any way, but a genuine issue for me gaining employment.

In terms of lack of ties to the UK, having gone for my initial interview, I can see that I potentially "just turned up". But I still have ties to the UK, which is my family and I live with my father.

As for my criminal record, the incident in question was in 2014 and is my only incident with the police.

So I am at a loss what to do really, as I have plans to go to USA in early 2018, but no VISA.

I was hoping that if I overwhelm them with information regarding myself, then maybe I can scrape a visa, but would information and letters from others help my case or still be a waste of time?

- Letter from Doctor (Disability, no problem with alcohol, barrier to employment)
- Ties to UK (Address, letter from family members)
- Letter from people travelled to USA with
- Proof of funds
- References from others

What do you think? Or is it just wasting more money on another application?

mikelincs

You can try, but I really suspect you may well have problems, one being lack of ties to UK, usually you will need a job to demonstrate this as all the evidence you are planning doesn't mean any need to return. The criminal offence is fairly recent, which will also count against you.

Former Lancastrian

There are many knowledgeable persons who post in these forums however they cannot give you a definitive answer as they are not the officer reviewing the application.
Your conviction would also make you inadmissible into Canada as well although we have slightly different mechanisms in overcoming inadmissibilities or deeming people to being rehabilitated.

For people who are inadmissible there might be a mechanism to overcome the inadmissibility but usually there needs to be compelling reasons as why you need to enter that country.

Take the advice but its your decision in the end to submit applications. It will either be accepted or refused and although we can surmise what might happen there is no guarantee.

NewTime

Thank you all again, it's all a bit frustrating really. I've had so many different opinions from people that I do not know whether to go through with it all again. I also kow that nobody could give me a definitive answer, but just perhaps trying to engage so that I can get a feel for where I am going wrong and if it may go wrong again.

I could try and provide other evidence that may help in regards to ties to the UK, but if unemployment is the biggest issue, then I am potentially unlikely to get a visa in the next few months.

Former Lancastrian

So if I or another poster suggested GO FOR IT and you were refused how would you feel?
I tend to think most posters and myself would suggest NOT going for it for at least a few years.
You could submit 400 pages of letters from X,Y or Z but it could still be refused there again it could be accepted.
YOU make the decision.

Pulaski

Honestly I think you'd be wasting your time having recently been rejected once. Most people who take additional "evidence" with them to a visa interview report that they never even get to present it, they walk up to the desk and are told they're rejected.

That said, if you don't apply, you'll never know, and one thing is certain, only people who apply get visas. If you do apply be sure to put your packet of evidence on the desk, and tell them up front that you have evidence of ties, funds and good behaviour, etc. Don't wait until after the greeting because the next thing you are likely to be told after the consular officer greets you is that your visa has been rejected.

scrubbedexpat099

I think you misunderstand what a tie is.

Pulaski

Well their really aren't any, but top of a list of weak alternatives are "stable job", and "owning a home".

In this particular case evidence of financial or medical support by the government for his disability (if he has such support, and which he would lose if he left the UK), would, IMO, be stronger ties than a job and home.

Nutmegger

Is there a reason why you are so set on going to the US? There are lots of other places to go on vacation where you won't have to jump through hoops to gain entry.

Rete

I was wondering the same. Since he had been here before, was wondering if he has relatives in the US that he were visiting. Don't know what his disability is, whether physical or mental, and why he is ineligible for employment in the UK due to said disability. The reason for the rejection was standard for someone without employment, their own home or flat, current student status, etc. Also wondering how the OP is able to pay for a such a vacation on disability payments if that is what they are receiving. Also of concern is why he thought his former ESTA was rejected. Lots of unknowns here but in either case, his request for a visa was denied and he needs to prove that he will return to the UK as his ties are strong enough to warrant his return.

Pulaski

He didn't say he is ineligible for employment, he said his disability is an "issue for me gaining employment. .... " meaning it is more difficult for him. And if he only has some disability, and is capable of working he may be only receiving modest disability payments, or even none, but if he is receiving disability payments then that would be a fairly strong tie to the UK.